NEW ORLEANS — The family of a teenager at the center of a tragic tree accident in Jackson Square has reached a preliminary settlement with the City of New Orleans.
If you recall a heavy branch from a live oak fell on the teen and caused some major damage to his brain and spine.
“Every settlement including this one hopefully frees people to move past it and start the next chapter of their life”, said Matthew Hemmer, attorney.
A confidential settlement is in the works for the family of 17-year-old Gavin Cristea. After a large branch from a live oak in Jackson Square fell on top of him causing significant brain damage last summer.
“The family says it was preventable, it should not have happened,” said Morris Bart, attorney.
His family, with the help of attorneys Morris Bart and Matthew Hemmer, filed suit against the City, a tree arborist and construction company.
“You can clearly see the big hole left in the tree by that first limb falling off. All the dark area in here, that is all decay and rot,” said Bart.
Since last July, Hemmer says it's been an uphill battle for the San Antonio-based family.
“He’s out of the hospital, he’s home now but as of right now, he needs care every day. He lucky enough to have a great medical team to support him as he tries to overcome some significant impairment,” said Hemmer.
Hemmer said despite those impairments, Gavin is starting to have moments where his personality shows through.
“You can see it really when his younger brother talks to him in the evenings after school,” Hemmer.
He said while the family doesn't know how much more Gavin will improve, they are focused on staying in the moment and being thankful for the angels that kept him alive.
“There were strangers who were there who rushed to Gavin’s aid, other visitors who had never met them before, a nurse who happened to be visiting from Miami who dropped everything and just rushed to his side to perform lifesaving interventions that probably saved his life,” Hemmer said.
A life they hope has many more years ahead.
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